Özet:

Democracy and constitutionalism are two concepts the origins of which are different. Democracy, which has its origins from Ancient World, rests on popular sovereignty. On the other hand, constitutionalist theory is interested in limiting and constraining that sovereignty regardless of its source. However it seems inevitable to have a conflict between the two, there is also a way to mutual existence. This way could be found with the help of the compass of pre-existence needs of democracy which are political equality and freedom. Human experience shows that the masses and their representatives are inclined to tyranny as much as absolute kings. Furthermore, constitutionalism could have democratic legitimacy through popular will. Thus, democratically enacted constitutions should be regarded no less legitimate than laws passed by legislative. Additionally, not to let constitutions be amended by the same majorities who could enact ordinary laws could not be regarded as illegitimate, which brings us back to the beginning, namely, to the protection of pre-existence needs of democracy. Nevertheless, in the era of illiberal democracy, the status of constitutionalism as a protector of democracy and rights could be questioned.

Anahtar Kelimeler: